Terms of Service & End User License Agreement (EULA)

1. Acceptance of Terms

Welcome to Peak Social. By downloading, browsing, accessing, or using the Peak Social mobile application, our website, and any related services (collectively, the "Platform", "App", "we", "our", or "us"), you acknowledge that you have read, understood, and agree to be legally bound by these Comprehensive Terms of Service ("Terms"). If you do not agree to every provision of these Terms, you must immediately uninstall the App and cease using our services.

2. Description of Services

Peak Social is a multi-faceted health, fitness, and social networking platform. The App provides tools for:

• Social Networking: Creating a profile, posting content, following other users, sending direct messages, and interacting via likes and comments.
• Fitness Tracking: Logging workouts, tracking exercises, sets, repetitions, weights, and managing workout templates.
• Nutrition Tracking: Logging meals, calculating daily caloric intake, and tracking macronutrients (proteins, carbohydrates, and fats).
• Health Calculators: Utilizing algorithms to estimate Body Mass Index (BMI), Basal Metabolic Rate (BMR), and total daily energy expenditure (TDEE).
• Outdoor Tracking: Using GPS geolocation services to map running, cycling, or walking routes.

3. Medical and Nutritional Disclaimer

Peak Social is not a healthcare provider, medical device, or a substitute for professional medical advice.

• Fitness Risks: You acknowledge that participating in exercise programs involves inherent risks of physical injury, disability, or death. You voluntarily assume all such risks.
• Nutrition & Macros: The nutritional database and macronutrient targets provided by the App are estimations derived from third-party APIs and standard public databases such as the USDA FoodData Central and Edamam Nutrition API. We do not guarantee the accuracy, completeness, or safety of any nutritional information.
• Calculators (BMI & BMR): Our app calculates your Body Mass Index (BMI) using the standard mathematical formula defined by the Centers for Disease Control and Prevention (CDC): weight (kg) / height (m)². Your Basal Metabolic Rate (BMR) is estimated using the scientifically recognized Mifflin-St Jeor equation. These are generic mathematical models and do not account for muscle mass, bone density, age, or metabolic conditions. They should not be used to diagnose or treat health conditions.
• Consult a Physician: Always consult your physician, a registered dietitian, or another qualified healthcare provider before beginning any new diet, fitness program, or relying on health metrics provided by the App.

4. Eligibility and Registration

You must be at least 13 years of age to use Peak Social, in compliance with the Children's Online Privacy Protection Act (COPPA). If you are under 18, you must have the consent of a parent or legal guardian. By creating an account, you represent and warrant that all information provided is accurate and truthful. You are strictly prohibited from sharing your login credentials (OTP codes or passwords) with third parties.

5. User-Generated Content

Ownership: You retain all copyright and ownership rights to the photos, videos, text, workout logs, direct messages, and other materials ("User Content") you upload to the Platform.

License Granted to Us: By submitting User Content, you grant Peak Social a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute your content. This license allows us to operate the App, display your posts to the community, and promote the Platform.

6. Acceptable Use Policy and Community Guidelines

You agree to use Peak Social respectfully. You shall not:

• Post content that is unlawful, defamatory, obscene, pornographic, harassing, threatening, or promotes violence and self-harm.
• Provide unauthorized or dangerous medical/fitness advice.
• Infringe on the intellectual property, privacy, or publicity rights of others.
• Use the App to distribute spam, commercial solicitations, or multi-level marketing schemes.
• Attempt to reverse engineer, scrape, data-mine, or extract source code/data from the Platform.
• Upload viruses, trojan horses, or other malicious code.

We retain the absolute right, but not the obligation, to monitor, review, hide, or delete User Content at our sole discretion.

7. Third-Party Links and Integrations

The App may contain links to third-party websites or integrate with third-party APIs (such as food databases, mapping services like Mapbox or Google Maps, and authentication providers). Peak Social does not endorse and is not responsible for the content, privacy policies, or practices of any third-party services.

8. Account Termination

We reserve the right to suspend, disable, or terminate your account and access to the App at any time, with or without cause, and with or without notice. You may voluntarily terminate your account at any time by utilizing the "Delete Account" feature within the Settings menu. Upon termination, the licenses granted to you by these Terms will instantly cease.

9. Disclaimers of Warranties

THE APP AND ALL CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEAK SOCIAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES.

10. Limitation of Liability

IN NO EVENT SHALL PEAK SOCIAL, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP; (III) ANY CONTENT OBTAINED FROM THE APP; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of the applicable jurisdiction, without regard to its conflict of law provisions. Any dispute arising from these Terms will be resolved exclusively in the competent courts of our legal jurisdiction.

12. End User License Agreement (EULA) for iOS

You acknowledge that this EULA is concluded between Peak Social and you only, and not with Apple Inc. ("Apple"). Peak Social, not Apple, is solely responsible for the App and its content. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.

In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Peak Social (not Apple) will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

For questions regarding these Terms or the EULA, please contact: peaksocialsupport@gmail.com

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